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Joseph Manyaki Mwita & another v. Republic

(2020) JELR 100659 (CA)

Court of Appeal  •  Criminal Appeal 7 of 2016  •  3 Apr 2020  •  Kenya

Coram
Milton Stephen Asike Makhandia, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. This is an appeal against conviction and sentence for the offence of murder contrary to Section 203 as read with Section 204 of the Penal Code. This is a first appeal from the judgment of the High Court. By dint of Section 379 of the Criminal Procedure Code and in accordance with the decisions such as Okeno v. R [1972] EA 32, we are expected to subject the entire evidence tendered before the trial court to a fresh examination. To do this effectively we must summarize the events and evidence leading to the trial of the appellants.

2. The appellants were jointly charged with murder. The Information is that on the night of 22nd and 23rd March 2013 at Boherera Village, Bukumbe North Location in Kuria West District within Migori County, the appellants jointly with others not before court murdered Joseph Mwita Muniko. The information and particulars thereof were explained to the appellants in the Kuria language.

3. The prosecution case was founded on the testimony of o…

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